ORDINANCE NO. 830
(AS AMENDED THROUGH 830.1)
AN ORDINANCE OF THE COUNTY OF RIVERSIDE
AMENDING ORDINANCE NO. 830 REGULATING THE LAND APPLICATION OF CLASS A SEWAGE
SLUDGE FOR AGRICULTURAL ACTIVITIES AND INCORPORATING BY REFERENCE ORDINANCE NO.
725
The Board of Supervisors of the County of Riverside Ordains
as follows:
This chapter is adopted pursuant to the police power
granted to Riverside
County by Article XI,
Section 7 of the California Constitution.
In addition, 40 CFR 503.5, 33 USCA 1345(e) and California Water Code
Section 13274(i) grant authority to local government to impose more stringent
requirements on the use, disposal and land application of sewage sludge in
order to protect public health and the environment from the adverse effect of such
sludge.
A) It is the purpose and intent of this Chapter to
regulate the land application of bulk Class A Sewage Sludge in a manner that is
consistent with agronomic rates and protects public health, ground and surface
water, soils, and agricultural markets.
B)
This Chapter
shall not regulate the distribution of Class A EQ products for uses such as
horticultural, industrial, commercial or residential property development or
golf courses. This Ordinance is only
intended to apply to commercial farming applications.
Whenever in
this Chapter the following terms are used, they shall have the meanings
respectively ascribed to them in this Section.
A) "Agronomic Rate" shall mean Class A Biosolids applications that, in
conjunction with existing plant available nitrogen (PAN) levels, will not
exceed nitrogen fertilizer rates for the crop to be grown as determined by the
Riverside County Agricultural Commissioner and will not result in phytotoxicity
(accumulation of heavy metals and/or nutrients adverse to normal vegetative
growth).
B) “Bulk Biosolids” shall mean Class A Biosolids that are not sold or given away in a bag
for application to commercial farmland.
C) “Class A Sewage Sludge” or “Biosolids” shall mean the accumulated matter produced in the treatment of
wastewater that has been processed for pathogen reduction in accordance with
Federal 40 CFR Part 503, Section 503.32 (a), one of the vector attraction
reduction standards set forth in 40 CFR Section 503.33, and meets the ceiling
concentration limits in 40 CFR Section 503.13 Table 1. Class A Biosolids from each generator, or
process and location if multiple processes or locations are used, shall be
placed in a tier level based on its nuisance value as determined by a Product
Review Panel established by the Health Officer for Riverside County.
1. “Tier 1” shall
mean any Bulk Class A EQ Biosolids for which the generator has demonstrated
minimal nuisance (fly attraction and odor) generating characteristics as
determined by the Product Review Panel.
2. “Tier 2” shall
mean any Bulk Class A EQ Biosolids for which the nuisance (fly attraction and
odor) generating characteristics of the Biosolids, as determined by the Product
Review Panel, warrant minimal buffer zones.
3. “Tier 3” shall
mean any Bulk Class A EQ Biosolids for which the nuisance (fly attraction and
odor) generating characteristics of the Biosolids, as determined by the Product
Review Panel, warrant moderate buffer zones.
4. “Tier 4” shall
mean any Bulk Class A Biosolids for which the nuisance (fly attraction and
odor) generating characteristics of the Biosolids, as determined by the Product
Review Panel, warrant maximal buffer zones. All Class A Biosolids shall be
considered to be Tier 4 Biosolids until such time as the Product Review Panel
may evaluate and slot such Biosolids into another tier.
D) “Class A EQ ” shall mean Class A Biosolids meeting the ceiling concentrations set
forth in 40 CFR Section 503.13(b)(1), the pollutant concentration standards set
forth in 40 CFR Section 503.13(b)(3), and one of vector attraction reduction
options set forth in 40 CFR Section 503.33(b)(1)-(8).
E) “Commissioner” shall mean the Agricultural Commissioner for the County of Riverside and his or her designee.
F) "County" shall mean the County of Riverside, State of California.
G) "Department" shall mean the Department of Environmental Health for the County of Riverside.
H) “Director” shall
mean the
Director of Environmental Health for the
County of Riverside and his or her designee.
I)
“Generator” shall mean Municipal Wastewater Treatment Facility or Sewage Sludge
Treatment Facility.
J) "Grower" shall mean the person or entity primarily responsible for planting,
maintaining, and harvesting or allowing the use of crops and/or rangeland for
domestic animal or human use.
K) “Independent Hearing Panel” shall mean the panel established pursuant to California
Public Resources Code Section 44308 for solid waste facility issues and
consisting of a minimum of three persons.
L) “Land Application" shall mean the placement of Class A Biosolids within
the first three (3) feet of the surface of agricultural land to facilitate the
growth of crops.
M) “Land Owner” shall mean any person, firm, business, city, county, district, special
district including a water district, sole proprietorship, partnership, joint
venture, trust, association or corporation whether for profit or non profit
that owns real property within the unincorporated areas of Riverside County.
N) "Site” shall mean a discrete parcel of land, greater than 2 acres,
upon which Class A Biosolids is to be applied for the purpose of growing crops.
O) “Product Review Panel” shall mean a panel appointed or reappointed by the
County Health Officer on or before February 1 of each calendar year, composed
of six individuals representing the following groups: 1) Citizen; 2) County
Staff; 3) Product Generator; 4) Transporter or Farmer; 5) Academic, County
Extension or Agricultural Commissioner representative, 6) Processor.
P) “Processor”
shall mean any person, firm or
business responsible for transforming biosolids received from a Generator into
Class A Biosolids.
Q) “Transporter” shall mean any person, company, organization, or other legal entity
engaged, or about to become engaged with the transportation of Class A
Biosolids received from a Generator or Processor for the purpose of land
application.
A) No Generator, Processor, Transporter, Grower or
Landowner shall engage in any land application activities that are:
inconsistent with the standards of this Ordinance, exceed agronomic rates, or
are otherwise prohibited by or in violation of any other Federal, State or
Local standard.
B) No Generator, Processor, Transporter, Grower or
Landowner shall engage in any land application activities without the prior,
unexpired and unrevoked registration with the Department.
C) No person shall deliver bulk Class A Biosolids to any
site for the purposes of land application unless that site is in compliance
with all notifications and has a current and unrevoked registration with the
Department as required by this Ordinance.
The following sites shall be exempted from the
prohibitions:
A) Agricultural sites operated in conjunction with a
public school with a recognized agricultural training program or curriculum.
B) A tree or vine farming operation considered active by
the Commissioner.
A) Registration: Each Generator, Processor and
Transporter shall be registered with the Department prior to conducting
activities regulated under this Ordinance, with said registration valid for up
to 5 years, with payment of annual
registration fees, using forms provided by the Department to include:
1. Name and address of the Generator, Processor or
Transporter.
2. Type of organization such as sole proprietorship,
partnership, agency, municipality, special district, joint venture, lease,
corporation, business trust of company including names and home addresses.
3. Name of person submitting application, and
relationship to generator, processor or transporter.
4. Identification (name and phone number of the local
contact person).
5. Additional application requirements for Generators
and Processors:
a)
List of
Facilities from which Class A Biosolids is generated.
b)
Method or
methods used to achieve Class A level.
c)
Any and all
documents related to the identification of incomplete or inadequate processes
to achieve a Class A Biosolids designation.
d)
Remediation
protocols to be used in the event that Biosolids not meeting Class A standards
are delivered to a site.
e)
Additional
application requirements for Transporter A written spill prevention and
response program.
B) Tier Placement. Class A Biosolids from each Generator
and Processors, or process and location if multiple processes or locations are
used, shall be placed in a tier level based on their nuisance value as
determined by a Product Review Panel using protocols established by the Health
Officer for Riverside
County.
C) Standards of Operation
1. A Generator and/or Processor:
a)
Shall advise the
Department within 1 business day of any event that may impact the quality of
the Class A Biosolids being provided for land application.
b)
Shall advise the
Department within 1 business day of any notice from the governing regional
water quality control board or USEPA of any violation that may impact the
quality of the Class A Biosolids being provided for land application.
c)
Shall
individually certify each load as meeting the Class A standards.
d)
Shall implement
the above identified remediation protocol upon determination or notification
that Biosolids not meeting Class A Biosolids standards are delivered to a site.
e)
Shall, at a
minimum, perform monthly site visits and audit the land application practices
in use for their Tier 2, 3 and 4 Class A Biosolids. The results of the above
audit shall be reported to the Department biannually using forms provided by
the Department and shall include any actions taken by the Generator.
f)
Shall
demonstrate pathogen destruction through process controls including but not
limited to alarming, shutdown procedures or testing to preclude land
application of substandard Biosolids. Records
demonstrating compliance shall be maintained for a period of one year from the
time of application.
g)
Shall maintain
processes to meet Class A Standards.
Failure to do so shall result in the denial or rescission of the
registration.
2. A Transporter:
a)
Shall mark- each
vehicle with the identity and telephone number of the Transporter,
subcontractor or other responsible operator clearly visible, on the rear and on
each side, with letters of not less than three (3) inches in height.
b)
Shall design and
maintain Vehicles in such a manner as to prevent leakage of liquids or
spilling, blowing or loss of Biosolids during transportation.
c)
Shall provide a
shovel, broom, fire extinguisher, and first aid kit to be maintained on
vehicles at all times.
d)
Shall ensure
that the Class A Biosolids quality certification is available for review on the
vehicle, and copies from each load are retained on site until all deliveries
are complete.
e)
Shall create and
maintain an accurate record for each load of Class A Biosolids delivered and
applied in Riverside
County including, but not
limited to, the information listed below:
(i)
Generator (by
specific facility),
(ii)
Date and time
picked up,
(iii)
Date and time
delivered to site.
(iv)
Site
identification:
(v)
Load size; and,
(vi)
Vehicle(s) and
driver(s).
Such records shall be submitted to the Department
within fifteen (15) days from the end of any reporting month in which activity
occurs, and an annual report within 30 days of the end of the calendar year.
f)
Shall maintain
vehicle exteriors to be free of sludge before entering public roads and in
sound mechanical condition. All loads shall be fully and securely covered. Transporter shall immediately and completely
clean any and all spillage.
A) Site Notification
1. The Transporter and Grower shall be jointly
responsible for notification of the Department for Sites receiving Tier 1
Biosolids. Such notification shall be made no later than the last business day
prior to delivery of the Biosolids, using forms provided by the Department to
include:
a)
Name, address
and phone number of the grower or land owner with evidence of grower or land
owner agreeing to the application of
Class A Tier 1 Biosolids use, right of entry and any other conditions.
b)
Riverside County Assessors
Parcel Number (APN).
c)
A map of the
application site.
d)
The Generator(s)
or Processor(s) from which the Transporter receives the Biosolids.
e)
The amount of
Tier 1 Biosolids to be applied, including an analysis of agronomic rate to
include the accounting of existing soil nitrogen levels using the concentration
of soil nitrate (in ppm) to a depth of 1 foot.
f)
Fees per Section
13 below.
B) Standards of Operation: Grower and Transporter shall
be jointly responsible for ensuring conformity to the following site
conditions:
1. Delivery to land application sites adjacent to
residential developments shall be limited to the hours between 6:00 AM and 8:00
PMunless the staging area is greater
then 500 ft from the nearest dwelling.
2. Biosolids not meeting Class A Tier 1 Standards shall
not be delivered to the site. The Generator or Processor shall implement the
above identified remediation protocol upon notification or receipt of
information that Biosolids delivered to the site do not meet all standards as
identified herein.
3. The transporter shall ensure that the Class A Biosolids
quality certification is available for review on the vehicle.
4. No application of Tier 1 Biosolids shall exceed the
agronomic rate for the crop as determined by the Commissioner.
5. Tier 1 Biosolids shall not be applied within 100 feet
of a potable water well.
6. No Tier 1 Biosolids shall be delivered to a site when
climatic conditions such as wind greater than 25 mph, or rain that will
preclude the incorporation identified above.
7. Both the Grower and the Transporter shall maintain an
accurate record for each load of Tier 1 Biosolids delivered and applied to each
site under their control including, but not limited to, the information listed
below:
a)
Data for
determination of agronomic rate,
b)
Generator(s) or
Processor(s),
c)
Dates and amount
delivered to site,
d)
Crops planted
and yield.
8. Upon application, Tier 1 Biosolids shall be promptly
incorporated into the soil by discing or other suitable tillage within the
timelines set out below. Incorporation
shall be continuous until completed.
Incorporation shall be thorough to a depth of no less than 6 inches
unless otherwise approved by the Department, including residues in staging
areas. Tier 1 Biosolids shall be incorporated when applied:
a)
Within 1/4 mile
of school: before school is back in session.
b)
At all other
sites of less than 20 acres: within 48 hours of delivery.
c)
For sites of 20
acres or more, incorporation shall commence no more than seven (7) days after
the first delivery and shall be completed within seven (7) days of the final
delivery unless otherwise authorized by the Department.
Section 8. Tier 2 Standards.
A) Site Registration:
The Landowner, Grower and Transporter shall be jointly responsible for
registration of Sites receiving Tier 2 Biosolids. Sites shall be registered
with the Department prior to conducting activities regulated under this
Ordinance, with said registration renewed on an annual basis, using forms
provided by the Department to include:
1. Name, address and phone number of both the grower and
land owner with evidence of both grower and land owner agreeing to the
application of the Class A Tier 2 Biosolids, right of entry and any other
conditions.
2. Site identification to include Riverside County
Assessors Parcel Number (APN).
3. A map of the application site.
4. A tabulation of site information to include:
a)
Net acreage (to
nearest 0.1 acre),
b)
Annual
application rate for the planned crop.
c)
Proximity to
occupied dwellings, property lines, roads and wells.
d)
Analysis of
agronomic rate to include the accounting of existing soil nitrogen levels using
the concentration of soil nitrate (in ppm) to a depth of 1 foot.
e)
The Generator(s)
or Processor(s) from which the Transporter receives the Biosolids.
5. Fees Per Section 13 below.
B) Standards of Operation: Transporter and Grower shall
be jointly responsible for ensuring conformity to the following site
conditions:
1. Delivery to land application sites shall be limited
to the hours between 6:00 AM and 8:00 PM.
2. Biosolids not meeting Class A Tier 2 Standards shall
not be delivered to the site. The Generator or Processor shall implement the
above identified remediation protocol upon notification or receipt of
information that Biosolids delivered to the site do not meet all standards as
identified herein.
3. The Transporter shall ensure that the Class A
Biosolids quality certification is available for review on the vehicle, and
copies from each load are retained on site until all applications are complete.
4. No application of Tier 2 Biosolids shall exceed the
agronomic rate for the crop as determined by the Commissioner.
5. Tier 2 Biosolids shall not be applied within 100 feet
of a well.
6. Tier 2 Biosolids shall not be applied within:
a)
500 feet from
any residence, school, business, place of worship, entertainment area,
b)
50 feet from
public roads,
c)
50 feet from
property lines unless written permission is obtained from the adjacent
landowner.
7. Upon application, Tier 2 Biosolids shall be promptly
incorporated into the soil by discing or other suitable tillage within the
timelines set out below. Incorporation
shall be continuous until completed.
Incorporation shall be thorough to a depth of no less than 6 inches
unless otherwise approved by the Department, including residues in staging
areas. Tier 2 Biosolids shall be incorporated when applied:
a)
Within 1/4 mile
of school: before school is back in session.
b)
At all other
sites within: 24 hours of delivery.
c)
Other reasonable
incorporation time frames may be approved by the Director for remote locations
upon request
8. No Class A Tier 2 Biosolids shall be delivered to a
site when climatic conditions such as wind greater than 25 mph, or rain that
will preclude the incorporation identified above.
9. Both the Grower and the Transporter shall maintain an
accurate record for each load of Tier 2 Biosolids delivered and applied to each
site under their control including, but not limited to, the information listed
below.
a)
Data for
determination of agronomic rate,
b)
Generator(s) or
Processor(s),
c)
Dates and amount
delivered to use site,
d)
Crops planted
and yield.
A) Site Registration: The Transporter and Grower shall
be jointly responsible for registration of sites receiving Tier 3 Biosolids.
Sites shall be registered with the Department prior to conducting activities
regulated under this Ordinance, with said registration renewed every five years
with an annual permit fee, using forms provided by the Department to include:
1. Name, address and phone number of both the grower and
land owner with evidence of both grower and land owner agreeing to the
application of the Class A Tier 3 Biosolids, right of entry and any other
conditions,
2. Site identification to include Riverside County
Assessors Parcel Number (APN),
3. A map of the application site,
4. A tabulation of site information to include:
a)
Net acreage (to
nearest 0.1 acre),
b)
Annual
application rate for the planned crop.
c)
Proximity to
occupied dwellings, property lines, roads and wells.
5. Analysis of agronomic rate to including the
accounting of existing soil nitrogen levels using the concentration of soil
nitrate (in ppm) to a depth of 1 foot,
6. The generator(s) or processor(s) from which the
transporter receives the Biosolids.
7. Fees per section 13 below.
B) Standards of Operation: Transporter and Grower shall
be jointly responsible for ensuring conformity to the following site
conditions:
1. Delivery to land application sites shall be limited
to the hours between 6:00 AM and 8:00 PM.
2. Biosolids not meeting Class A Tier 3 Standards shall
not be delivered to the site. The Generator or Processor shall implement the
above identified remediation protocol upon notification or receipt of
information that Biosolids delivered to the site do not meet all standards as
identified herein.
3. The Transporter shall ensure that the Class A
Biosolids quality certification is available for review on the vehicle, and
copies from each load are retained on site until all applications are complete.
4. No application of Class A Tier 3 Biosolids shall
exceed the agronomic rate for the crop as determined by the Commissioner.
5. Tier 3 Biosolids
shall not be applied within 100 feet of a well.
6. Tier 3 Biosolids shall not be applied within:
a)
1000 feet from
any residence, school, business, place of worship, entertainment area,
b)
50 feet from
public roads,
c)
50 feet from
property lines unless written permission is obtained from the adjacent
landowner.
7. Upon application, Tier 3 Biosolids shall be promptly
incorporated into the soil by discing or other suitable tillage within the
timelines set out below. Incorporation
shall be continuous until completed.
Incorporation shall be thorough to a depth of no less than 6 inches
unless otherwise approved by the Department, including residues in staging
areas. Tier 3 Biosolids shall be incorporated when applied:
a)
Within 1/4 mile
of school: before school is back in session,
b)
At all other
sites within: 24 hours of delivery.
c)
Other reasonable
incorporation time frames may be approved by the Director for remote locations
upon request
8. No Tier 3 Biosolids shall be delivered to a site when
climatic conditions such as wind greater than 25 mph, or rain that will
preclude the incorporation identified above.
9. Both the Transporter and the Grower shall maintain an
accurate record for each load of Tier 3 Biosolids delivered and applied to each
site under their control including, but not limited to, the information listed
below.
a)
Data for
determination of agronomic rate,
b)
Generator(s) or
Processors,
c)
Dates and amount
delivered to use site,
d)
Crops planted
and yield.
A) Site Registration: The Transporter and Grower shall
be jointly responsible for registration of sites receiving Tier 4 Biosolids.
Sites shall be registered with the Department prior to conducting activities
regulated under this Ordinance, with said registration renewed on an annual
basis, using forms provided by the Department to include:
1. Name, address and phone number of both the grower and
land owner with evidence of grower and land owner agreeing to the application
of the Class A Tier 4 Biosolids, right of entry and any other conditions.
2. Site identification to include Riverside County
Assessors Parcel Number (APN),
3. A map of the application site,
4. A tabulation of site information to include:
a)
Net acreage (to
nearest 0.1 acre),
b)
Annual
application rate for the planned crop,
c)
Proximity to
occupied dwellings, property lines, roads and wells.
5. Analysis of agronomic rate to including the
accounting of existing soil nitrogen levels using the concentration of soil
nitrate (in ppm) to a depth of 1 foot.
6. The generator(s) or processor(s) from which the
transporter receives the Biosolids.
7. Fees per section 13 below.
B) Standards of Operation: Transporter and Grower shall
be jointly responsible for ensuring conformity to the following site
conditions.
1. Delivery to land application sites shall be limited
to the hours between 6:00 AM and 8:00 PM.
2. Biosolids not meeting Class A Tier 4 Biosolids
Standards shall not be delivered to the site. The Generator or Processor shall
implement the above identified remediation protocol upon notification or
receipt of information that Biosolids delivered to the site do not meet all
standards as identified herein.
3. The transporter shall ensure that the Class A
Biosolids quality certification is available for review on the vehicle, and
copies from each load are retained on site until all applications are complete.
4. No application of Tier 4 Biosolids shall exceed the
agronomic rate for the crop as determined by the Commissioner.
5. Tier 4
Biosolids shall not be applied within 100 feet of a well.
6. Tier 4 Biosolids shall not be applied within:
a)
½ mile from any
residence, school, business, place of worship, entertainment area,
b)
50 feet from
public roads,
c)
50 feet from
property lines unless written permission is obtained from the adjacent
landowner.
7. Upon application, Tier 4 Biosolids shall be
incorporated into the soil by discing or other suitable tillage within 24 hours
of delivery. Incorporation shall be continuous until completed. Incorporation shall be thorough to a depth of
no less than 6 inches unless otherwise approved by the Department, including
residues in staging areas. Other reasonable incorporation time frames may be
approved by the Director for remote locations upon request.
8. No Tier 4 Biosolids shall be delivered to a site when
climatic conditions such as wind greater than 25 mph, or rain that will preclude
the incorporation identified above.
9. Both the Grower and the Landowner shall maintain an
accurate record for each load of Tier 4 Biosolids delivered and applied to each
site under their control including, but not limited to, the information listed
below:
a)
Data for
determination of agronomic rate,
b)
Generator(s) or
Processors,
c)
Dates and amount
delivered to use site,
d)
Crops planted
and yield.
A) Applicants shall be notified of incomplete or
inaccurate registrations within ten (10) business days after the date of the
filing of the Registration. The
applicant may make the proper corrections and resubmit the corrected
Registration. The applicant may make the
necessary corrections and/or additions and resubmit the Registration within 30
days of notification.
B) All complete and accurate Registrations shall be
approved or denied, in whole or in part, within fifteen (15) business days
after the date of filing or shall be deemed approved. If a Registration is denied, in whole or in
part, the applicant may amend the Registration and resubmit the amended
Registration or the Registration will be considered invalid.
C) Approved Registrations shall be valid for a period of
5 years, subject to payment of annual inspection and sampling fees.
D) Denial of Registration may be for one or more of the
following causes, or for other reasons as specified by the Director:
1. Lack of responsibility as shown by past work.
2. Submission of inadequate, incomplete, or inaccurate
Registration information.
3. The plan proposes an application that is not
environmentally sound.
E) Written notice of the denial of a Registration shall
be given by personal delivery or by mailing by certified mail to the applicant
at the address on file with the Department.
F) The Director may rescind a Registration whenever the
registered individual has violated a provision of this Ordinance or State rules
or regulations, discharge order of the Water Quality Control Board, or is in
noncompliance with a resolution of the Board of Supervisors. In such instance, a written notice to this
effect shall first be delivered in person or by certified mail to the business
address of the person appearing on the Registration. The written notice shall state the grounds
for the proposed rescission.
G) The Generator, Processor, Transporter, Grower or
Landowner may appeal such proposed denial or rescission by the Director by
filing a written request for a hearing before the Independent Hearing Panel not
more than fifteen (15) calendar days after notice of the proposed denial or
rescission has been mailed. Upon receipt
of a written request for a hearing, the Panel shall set the matter for public
hearing on a date not more than sixty (60) calendar days following receipt of
such written request, and shall give the appellant and the Panel at least
thirty (30) calendar days written notice of the time, date, and place of the
hearing. The hearing panel shall issue
its written decision and findings on the appeal within thirty (30) calendar
days after the close of the hearing.
Such decision will be final.
Where the approval is rescinded, the Generator, Processor, Transporter,
Grower or landowner shall terminate operations forthwith as determined by the
Panel.
- Inspections will be conducted to
- Verify physical
conditions of sites as described in site notifications and registrations,
- Verify conformance
with standards of operation, buffers and clearances established for the
Tier of Biosolids being applied,
- Verify that the
material delivered is consistent with material reviewed by the Product
Review Panel in placing it in its respective Tier,
- Provide feedback to
the Department and the Product Review Panel on the effectiveness of the
buffers and clearances established for the respective Tiers,
- Conduct sampling activities.
- Sampling will be conducted
to provide independent confirmation for the various analysis required by
the generator of the Biosolids to be applied, to include:
- Pathogen analysis,
- Contaminants, including heavy metals, for both
Biosolids and soil.
- Nitrogen, to validate analysis provided for
Agronomic Rates.
B) Inspections and sampling frequencies, material to be
sampled for, sampling standards and other details shall be established through
a monitoring plan approved by the Health Officer.
A) A deposit in the amount listed below shall be made to
the Department for the review of each Registration of a Generator, Processor,
Transporter, or Site. Fees collected in
excess of the actual cost of providing the review shall be refunded. Registrations
whose review requires a cost to the Department beyond the initial deposit shall
require an additional deposit.
1.
Generator or
Processor: $
500.00
2.
Transporter: $
250.00
3.
Tier 2, 3 or 4
Site: $
200.00
B) Annual inspection and sampling fees
1.
For Generator or
Processor: $
403.00
2.
For Transporter:
$
100.00
3.
For each Tier 1
application site: $ 339.00
4.
For each Tier 2,
Tier 3 or Tier 4 application site: $
509.00
C) These fees shall be incorporated into Riverside
County Ordinance No. 640.
D) A fee pursuant to Board Resolution 2003-191 as
amended, revised or superseded shall be paid to the Commissioner for the review
and evaluation of the agronomic rate for each registration at each Tier 1, Tier
2, Tier 3 or Tier 4 site.
A) The Grower or Land Owner shall agree, as a
requirement of the approval, to authorize the Director at reasonable times and
upon presentation of credentials to:
1. Have access to and copy any records required to be
kept under the terms and conditions of this approval,
2. Inspect any monitoring equipment or observe any
monitoring method required in the approval,
3. Inspect any collection, transport vehicles,
treatment, pollution management, or control facilities required under the
approval,
4. Enter any site where Class A Biosolids are proposed
to be used or have been used or stored and sample any ground waters, surface
waters, soils, vegetation, Class A Biosolids or other Biosolids on the site;
and,
5. Obtain any photographic documentation or evidence.
It
shall be the duty of the Director to enforce the provisions of this Ordinance.
The Generator, Processor, Transporter, Grower, Land
Owner and any person or persons leasing the site shall be jointly and severally
responsible for compliance with this Ordinance.
Violations by
any person, firm, partnership, association, agency, municipality, special
district or corporation, whether having obtained approval or not, of any of the
provisions of this ordinance, constitute an infraction or misdemeanor as
hereinafter specified. Upon conviction
thereof, the person or entity shall be subject to a fine of $100.00 for the
first offense; $200.00 for the second violation within a one (1) year period; and $300.00 for each
additional violation within the same one (1) year period. Fourth and additional violations within a one-year period shall each constitute
a misdemeanor and shall be punishable by a fine not to exceed one thousand
dollars ($1,000.00), or six (6) months in jail, or both. Notwithstanding the
above, a first or subsequent offense may be charged and prosecuted as a
misdemeanor. Payment of any penalty
provided herein shall not relieve a person, as defined, of the responsibility
of correcting the conditions considered as a separate and distinctive offense.
The procedures, remedies and
penalties for violation of this ordinance and for recovery of costs related to
enforcement are provided for in Ordinance No. 725, which is incorporated herein
by this reference.
In addition, any violation of this
Ordinance is hereby deemed to be a public nuisance, and may be abated, and/or
enjoined by the Director, irrespective of any other remedy hereinabove
provided.
If any
clause, provision, sentence, or paragraph of this Ordinance, or the application
thereof, is deemed to be invalid as to any person, entity, establishment, or
circumstance, such invalidity shall not effect the other provisions of this
Ordinance that shall still remain in effect, and to this end, it is hereby
declared that the provisions of this Ordinance are severable.
This Ordinance shall take effect sixty (60)
days after the date of adoption.
Adopted: 830 Item 3.7 of 09/28/2004 (Eff: 11/27/2004)
Amended: 830.1
Item 15.15 of 05/22/2007 (Eff:
06/21/2007)